Last-minute plea for Prop. 5
By Allison Margolin
Article Last Updated: 11/04/2008 10:42:38 AM PST
I have a client who faces nine years in state prison for selling a tenth of a gram of crack. Psychiatric problems have plagued him since age 3. He has had drug problems since his pre-teen years. Though he has suffered a prior conviction for sales, he has never been offered a drug treatment program through the court system.
This client, lets call him Fred, maintains his innocence. The evidence against him is that a police officer over thirty feet away allegedly witnessed a hand-to-hand transaction. When Fred was arrested, police allegedly found .13 grams of cocaine base in plastic wrap on him. Numerous others arrested by this officer have filed complaints against him.
This is a triable case, in that there is reasonable doubt that Fred committed the offense. But unless Proposition 5 passes, I can't try this case. The prospects of Fred getting a long prison sentence are too great. If convicted he faces at least 6 years. If the voters support the Proposition, Fred can put on a defense. And even if he loses, he may receive dual-diagnostic, drug and psychiatric treatment, instead of prison or jail time.
Proposition 5 is a measure that expands the drug rehabilitation options currently available to both non-violent drug possession offenders and other offenders who have a problem with drugs, where courts feel rehabilitation should be tried before incarceration.
Currently, the California criminal code allows defendants to be diverted to treatment in two main ways:
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through Deferred Entry of Judgment (DEJ) and Proposition 36 (Prop. 36).
DEJ is available for certain drug possession offenders who have not suffered a prior drug conviction in the last five years. Prop. 5 would allow those who have one prior drug possession offense in the last five years to be eligible for Deferred Entry of Judgment. This expansion is positive, as one who successfully completes DEJ has no criminal record. For someone who is straddling the lines between society and the drug world, not having a conviction means more job opportunities.
Prop. 5 also enhances access to a Prop. 36-style rehab. Whereas only those convicted of a non-violent offense are currently eligible for Prop. 36, Prop. 5 would expand the program to others who have committed non-drug offenses but do suffer a drug addiction.
As a criminal defense lawyer, I can say with absolute confidence that drug addiction is more times than not the animus behind crimes like identity theft, shoplifting, and of course, drug dealing. To allow these defendants charged with non-drug possession crimes to participate in rehabilitation gives them a chance to address what is truly motivating their criminal behavior. Furthermore, it allows these defendants to have a chance to escape the collateral consequences, the hardships on their families and to the tax-paying society, of prison.
Too many lives are lost to the penal system in California because offenders do not meet the rigid eligibility requirements for DEJ and Prop. 36. These are lives that can be saved and turned around if the voters pass Prop. 5. There are so many Freds out there, so many stories like his, a reality that is truly horrific to see in the courtroom day in and day out. And there are countless families---mothers, fathers, sons, and daughters---who lose loved ones to prisons because they are addicted to drugs. Prop. 5 can put an end to this suffering by allowing offenders a chance to deal with their problems in a way that benefits both their lives and ours as well. Prop. 5 is compassionate, intelligent, and necessary. Vote yes on Prop. 5.
Allison Margolin is a criminal-defense attorney in Los Angeles and adjunct professor of law at the University of West Los Angeles Law School.
http://www.dailynews.com/search/ci_10895603
By Allison Margolin
Article Last Updated: 11/04/2008 10:42:38 AM PST
I have a client who faces nine years in state prison for selling a tenth of a gram of crack. Psychiatric problems have plagued him since age 3. He has had drug problems since his pre-teen years. Though he has suffered a prior conviction for sales, he has never been offered a drug treatment program through the court system.
This client, lets call him Fred, maintains his innocence. The evidence against him is that a police officer over thirty feet away allegedly witnessed a hand-to-hand transaction. When Fred was arrested, police allegedly found .13 grams of cocaine base in plastic wrap on him. Numerous others arrested by this officer have filed complaints against him.
This is a triable case, in that there is reasonable doubt that Fred committed the offense. But unless Proposition 5 passes, I can't try this case. The prospects of Fred getting a long prison sentence are too great. If convicted he faces at least 6 years. If the voters support the Proposition, Fred can put on a defense. And even if he loses, he may receive dual-diagnostic, drug and psychiatric treatment, instead of prison or jail time.
Proposition 5 is a measure that expands the drug rehabilitation options currently available to both non-violent drug possession offenders and other offenders who have a problem with drugs, where courts feel rehabilitation should be tried before incarceration.
Currently, the California criminal code allows defendants to be diverted to treatment in two main ways:
Advertisement
through Deferred Entry of Judgment (DEJ) and Proposition 36 (Prop. 36).
DEJ is available for certain drug possession offenders who have not suffered a prior drug conviction in the last five years. Prop. 5 would allow those who have one prior drug possession offense in the last five years to be eligible for Deferred Entry of Judgment. This expansion is positive, as one who successfully completes DEJ has no criminal record. For someone who is straddling the lines between society and the drug world, not having a conviction means more job opportunities.
Prop. 5 also enhances access to a Prop. 36-style rehab. Whereas only those convicted of a non-violent offense are currently eligible for Prop. 36, Prop. 5 would expand the program to others who have committed non-drug offenses but do suffer a drug addiction.
As a criminal defense lawyer, I can say with absolute confidence that drug addiction is more times than not the animus behind crimes like identity theft, shoplifting, and of course, drug dealing. To allow these defendants charged with non-drug possession crimes to participate in rehabilitation gives them a chance to address what is truly motivating their criminal behavior. Furthermore, it allows these defendants to have a chance to escape the collateral consequences, the hardships on their families and to the tax-paying society, of prison.
Too many lives are lost to the penal system in California because offenders do not meet the rigid eligibility requirements for DEJ and Prop. 36. These are lives that can be saved and turned around if the voters pass Prop. 5. There are so many Freds out there, so many stories like his, a reality that is truly horrific to see in the courtroom day in and day out. And there are countless families---mothers, fathers, sons, and daughters---who lose loved ones to prisons because they are addicted to drugs. Prop. 5 can put an end to this suffering by allowing offenders a chance to deal with their problems in a way that benefits both their lives and ours as well. Prop. 5 is compassionate, intelligent, and necessary. Vote yes on Prop. 5.
Allison Margolin is a criminal-defense attorney in Los Angeles and adjunct professor of law at the University of West Los Angeles Law School.
http://www.dailynews.com/search/ci_10895603
